Dáil Éireann Debate, Tuesday - 14 July 2020
951. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when she plans to transpose Council Framework Decision 2008/829/JHA and Council Decision 2008/909/JHA into Irish law as required, particularly as Council Framework Decision 2008/829/JHA was, under EU law, required to be transposed by 1 December 2012; the reason for the delay in complying with EU law in this regard; and if she will make a statement on the matter. [15658/20]
Amharc ar fhreagraFirst and in relation to Council Framework Decision 2008/829/JHA on the cross-border recognition of decisions on supervision measures as an alternative to provisional detention, I can inform the Deputy that transposition is well advanced through the drafting and publication of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Bill 2019 ("the 2019 Bill").
The 2019 Bill is detailed and technical and represents a straightforward transposition of Framework Decision 2009/829/JHA. It had already completed its passage through the Seanad by October 2019 and had been scheduled for Committee stage in the Dáil when the election was called for February. Restoration of this Bill has been sought and further progress will then be dependent on Oireachtas scheduling.
Second, in relation to of Council Framework Decision 2008/909/JHA relating to the mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty, I can confirm that transposition is being progressed with drafting of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill.
The Government approved the General Scheme and drafting of this Bill recently, on 12 June. It is now with the Office of the Parliamentary Counsel (OPC) for drafting. Bearing in mind the significant assistance which the OPC provided to my Department in the preparation of the General Scheme, I hope that speedy drafting of the Bill for publication will be possible.
I am keen that both pieces of legislation will progress as quickly as possible.
